i am involved in at fault rear end collision 2 yrs ago.after 8 months i got married.since 1 year i m unemployed and dependent on my spouse.at the time of accident i only have 25 k per person and 50 k per accident liability limits.the car i hit has a wife and husband.now i being sued and since i do nt have any income ,can i my spouse be liable for the lawsuits. are his sole assets and income at risk.we do not have any joint assets.no home and car? The accident took place in New jersey.after my marriage i moved to california. any advice appreciated.
Admiralty / Maritime Attorney
This is a question bvest qasked of asset protection and or debt collection lawywers especially in your state as each state law varies for creditors rights and exemptions. For example in Florida where I practice we have unlimited Homestead exemptions protecting the full value of your home and, for property outside cities, 160 acres surrounding your homestead. what that means is that a creditor-1 to whom you owe money like a judgement holder (someone who sues and wins a Judgement against you) cannot touch your home by way of forced legal proceedings to collect their judgement. Florida also exempts joint marital property, retirement plans and annuities from creditors claims and other exemptions. You as the tortfeasor (wrongdoer) are the only person who can be liable for the damage you caused in the accident. Your assets typically are those subject to the claim not a future spouses unless CA law allows such an attachment -unlikely in my opinion but I would consult with a local lawyer.
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Divorce / Separation Lawyer
If you maintain no joint accounts whatsoever, and own no property jointly, your new spouse should have no liability.
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You should be seeking the advice of a New Jersey lawyer with expertise in the field of personal injury and/or asset protection or marital property under New Jersey law.
This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter.
Personal Injury Lawyer
Darn, I answered this too late for points, oh well.
California is a community property state, debt and personal injury before and after marriage are considered separate property, and personal injury during marriage depends on if the act was for benefiting the marraige, HOWEVER because the accident happened in New Jersey, you should consult with a New Jersey Attorney who knows the law in that state better. It could still be separate debt but to be sure you should consult with the attorney in New Jersey. The laws of the marital law and debit creditor laws are probably mostly likely different in New Jersey than in California. New Jersey laws apply. So it's best to get an attorney advice from New Jersey attorney.